Search | Punch and Jurists

U.S. v. Manarite, No. 93-10527 (9th Cir.) (44 F.3d 1407) (January 6, 1995) (Judge Joseph T. Sneed)

Article • January 1, 1995

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Manarite, No. 93-10527 (9th Cir.) (44 F.3d 1407) (January 6, 1995) (Judge Joseph T. Sneed) by Court rejected defendant's claim that the trial court committed reversible error by permitting the introduction of evidence showing the defendant's parole status, in large part because the trial court gave limiting instructions …

U.S. v. Cordova-Perez, No. 94-30298 (9th Cir.) (65 F.3d 1552) (September 25, 1995) (Judge Sidney R. Thomas)

Article • January 1, 1995

Filed under: Punch And Jurists, Withdrawal

U.S. v. Cordova-Perez, No. 94-30298 (9th Cir.) (65 F.3d 1552) (September 25, 1995) (Judge Sidney R. Thomas) by United States v. Cordova-Perez, 65 F.3d 1552 (9th Cir. 1995) United States v. Washman, 66 F.3d 210 (9th Cir. 1995) These two cases discuss some important (albeit highly technical) issues about acceptance …

U.S. v. Dominguez, No. Crim. No. B-95-161-S (S.D.Tex.) (902 F.Supp. 737) (October 27, 1995) (Judge Filemon B. Vela)

Article • January 1, 1995

Filed under: Punch And Jurists, Polygraph Evidence/Testing

U.S. v. Dominguez, No. Crim. No. B-95-161-S (S.D.Tex.) (902 F.Supp. 737) (October 27, 1995) (Judge Filemon B. Vela) by This is another important case dealing with the admissibility of polygraph evidence in criminal cases. The defendant made a pre-trial motion to have evidence of a polygraph test admitted into evidence. …

U.S. v. Rose, No. CR 94-243 (JBW) (E.D.N.Y.) (885 F.Supp. 62) (May 17, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Rose, No. CR 94-243 (JBW) (E.D.N.Y.) (885 F.Supp. 62) (May 17, 1995) (Judge Jack B. Weinstein) by United States v. Chambers, 885 F.Supp. 12 (D.D.C. 1995) United States v. Rose, 885 F.Supp. 62 (E.D.N.Y. 1995) Here are two Guideline departure cases that are bound to be appealed. In …

U.S. v. Scrivner, No. 94-30265 (9th Cir.) (60 F.3d 385) (July 6, 1995) (Per Curiam)

Article • January 1, 1995 • from P&J March, 1999

Filed under: Punch And Jurists

U.S. v. Scrivner, No. 94-30265 (9th Cir.) (60 F.3d 385) (July 6, 1995) (Per Curiam) by

U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett)

Article • January 1, 1995 • from P&J May, 1996

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Medina-Estrada, No. 95-4150 (10th Cir.) (81 F.3d 981) (April 16, 1996) (Judge James E. Barrett) by Based on the provisions of Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P., it is generally assumed that evidence of a guilty plea which is later withdrawn is not …

U.S. v. Restrepo, No. 94-CR-551 (E.D.N.Y.) (890 F.Supp. 180) (June 6, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Restrepo, No. 94-CR-551 (E.D.N.Y.) (890 F.Supp. 180) (June 6, 1995) (Judge Jack B. Weinstein) by Among other things, Judge Weinstein noted: "Guevara was stopped and questioned solely because he was driving a car with out-of-state license plates and appeared to be Hispanic. This practice is apparently not uncommon. …

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez)

Article • January 1, 1995

Filed under: Punch And Jurists, Evidence/Lists - Failure to Produce

U.S. v. McKoy, No. 95-10181 (9th Cir.) (78 F.3d 446) (March 4, 1996) (Judge Ferdinand F. Fernandez) by Case held that if Government fails to produce witness lists, the court may impose the double sanctions of ordering a mistrial and suppressing the witness's testimony at retrial. This case deals with …

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins)

Article • January 1, 1995

Filed under: Punch And Jurists, Presentence Reports (PSRs)

U.S. v. Lockhart, No. 94-5131 (4th Cir.) (58 F.3d 86) (June 22, 1995) (Judge William W. Jr. Wilkins) by This is one of the many sentencing cases involving the pretend rules that apply at sentencing. Rule 32(c) (3)(A) provides that "before imposing sentence, the court must verify that the defendanၴ …

Finn v. Schiller, No. 94-2373 (4th Cir.) (72 F.3d 1182) (January 3, 1996) (Judge Robert F. Chapman)

Article • January 1, 1995

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

Finn v. Schiller, No. 94-2373 (4th Cir.) (72 F.3d 1182) (January 3, 1996) (Judge Robert F. Chapman) by This case involves the right of citizens to control prosecutorial misconduct arising out of abuses of the General Rule of Secrecy contained in Rule 6(e)(2) of the Fed.R.Crim.P. The plaintiff in this …

U.S. v. O'Brien, No. 93-30287 (9th Cir.) (50 F.3d 751) (March 23, 1995) (Judge Thomas Tang)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. O'Brien, No. 93-30287 (9th Cir.) (50 F.3d 751) (March 23, 1995) (Judge Thomas Tang) by Case is noted for its holding that an enhancement for vlunerable victim under § 3A1.1(b) does not require the defendant to "target" his victims; the test is whether the defendant "knew or reasonably …

U.S. v. Bush, No. Crim. A. No. 94-185 (E.D.Pa.) (896 F.Supp. 424) (August 7, 1995) (Judge Stewart Dalzell)

Article • January 1, 1995

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Bush, No. Crim. A. No. 94-185 (E.D.Pa.) (896 F.Supp. 424) (August 7, 1995) (Judge Stewart Dalzell) by Here the Court declined to reduce the defendant's sentence under USSG § 5K1.1 based on assistance provided not by the defendant, but rather her paramour, holding that Rule 35(b) only allows …

U.S. v. Janus Industries, No. 94-1074 (10th Cir.) (48 F.3d 1548) (January 18, 1995) (Judge Stephen H. Anderson)

Article • January 1, 1995

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Janus Industries, No. 94-1074 (10th Cir.) (48 F.3d 1548) (January 18, 1995) (Judge Stephen H. Anderson) by In this multi-issue case, the court notes (at page 1557) that "the mere allegation that defendant would have a better chance of acquittal in a separate trial, nor a complaint of …

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald)

Article • January 1, 1995

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald) by While this decision is neither significant nor scintillating, it does review two important issues that arise frequently in criminal trials; namely, the introduction into evidence of "other bad acts" of the defendant …

U.S. v. Beasley, No. 94-2586 (7th Cir.) (48 F.3d 262) (February 17, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Beasley, No. 94-2586 (7th Cir.) (48 F.3d 262) (February 17, 1995) (Judge John L. Coffey) by Here the Court held that the district court had not committed any error in refusing to remove a prospective juror for cause even though her son was a police officer, her bother …

U.S. v. Hayter Oil Co., No. 95-5670 (6th Cir.) (51 F.3d 1265) (April 17, 1995) (Judge H. Ted Milburn)

Article • January 1, 1995

Filed under: Punch And Jurists, Antitrust Issues

U.S. v. Hayter Oil Co., No. 95-5670 (6th Cir.) (51 F.3d 1265) (April 17, 1995) (Judge H. Ted Milburn) by This case involved a simple conspiracy by gasoline station owners in a Tennessee town to set prices at a certain above-market level. Because of competition from non-conspirators and cheating by …

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson) by In a case dealing with Rule 404(b) [which is supposed to bar evidence of "other crimes" because of the prejudicial effect that such evidence will have on the jury], this case holds …

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby)

Article • January 1, 1995

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby) by Exposed! We have always known that the Bureau of Prisons works hand in hand with the Department of Justice in limiting inmates' access to the courts. It is rare when a …

U.S. v. Cotal-Crespo, No. 94-1354 (1st Cir.) (47 F.3d 1) (January 30, 1995) (Judge Juan R. Torruella)

Article • January 1, 1995

Filed under: Punch And Jurists

U.S. v. Cotal-Crespo, No. 94-1354 (1st Cir.) (47 F.3d 1) (January 30, 1995) (Judge Juan R. Torruella) by Here the Court held that a series of Rule 11 violations that had occurred were merely "technical" in nature and were not violations of the Rule's "core concerns". This is another fairly …

U.S. v. Lampkins, No. 94-1748 (7th Cir.) (47 F.3d 175) (January 18, 1995) (Judge Richard D. Cudahy)

Article • January 1, 1995

Filed under: Punch And Jurists, Drug Courier or "Mule" status

U.S. v. Lampkins, No. 94-1748 (7th Cir.) (47 F.3d 175) (January 18, 1995) (Judge Richard D. Cudahy) by Here the Court affirmed the lower court's decision not to grant a mitigating circumstance downward departure based on minimal or minor role because, although the defendant was only a drug courier, he …